Jean-Marie Monroe-Lynch and her husband Aaron Lynch were unable to conceive. Monroe-Lynch received therapeutic donor insemination (TDI) services from the University of Connecticut Health Center’s Center for Advanced Reproductive Services. As a result, she became pregnant with twins.
Throughout the pregnancy, Jean-Marie and Aaron were told that their babies were healthy. At 37 weeks’ gestation, however, the Monroe-Lynch couple learned that their daughter had died in-utero.
The remaining twin, a boy, was then delivered by way of emergency cesarean section. The couple’s son, now age 6, suffers from catastrophic neurological and developmental disabilities.
Both twins and their mother tested positive for cytomegalovirus (CMV). CMV is a kind of herpes virus that usually produces very mild symptoms in an infected person but may cause severe neurological damage in people with weakened immune systems. It also affects newborns.
The Monroe-Lynch family, individually and on behalf of their son and daughter’s estate, sued the state of Connecticut alleging negligent fertility treatment.
The Monroe-Lynch lawsuit alleged that the defendant state of Connecticut chose not to properly inform Jean-Marie and obtain her consent regarding the risks associated with a CMV infection, which is a virus, while participating in the TDI process.
The family asserted that the defendant’s agents inseminated Jean-Marie with sperm from a CMV-positive donor in violation of medical and industry guidelines as well as the defendant’s protocols.
The lawsuit alleged negligent prenatal care because the state failed to follow up on an ultrasound taken at 22 weeks’ gestation showing a hyperechoic bowel, an abnormality that can be a marker for CMV. It was argued that a simple blood test would have revealed that the hyperechoic bowel was caused by congenital CMV.
The court awarded a judgment of $37.6 million in damages.
At trial, the Monroe-Lynch attorneys presented experts in infertility, infectious disease, maternal fetal medicine, economics, life care planning and radiology.
The defendant presented experts in maternal fetal medicine and infectious disease.
The attorneys successfully handling this tragic lawsuit for the Monroe-Lynch family were Michael Walsh, Karolina Dowd and Caitlyn Malcynsky.
Monroe-Lynch v. State, No. HHDCV 166067438 (Conn. Super. Ct. Hartford Jud. Dist.).
Kreisman Law Offices has been handling birth trauma injury lawsuits, wrongful death cases, obstetrician negligence lawsuits, hospital negligence cases, prenatal care negligence lawsuits and hypoxic ischemic encephalopathy birth injury lawsuits for individuals, families and loved ones who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Lemont, Brookfield, Schaumburg, Winnetka, Northfield, Glenview, Buffalo Grove, Long Grove, Palatine, Palos Heights, Aurora, Willowbrook, Hickory Hills, Oak Lawn, Evergreen Park, Blue Island, South Holland, Tinley Park, East Hazel Crest, Chicago (Hegewisch, South Chicago, South Shore, Auburn Gresham, Marquette Park, Hyde Park, Wrigleyville, Jackson Park, Little Village, North Lawndale, Near West Side, Belmont Central, Belmont Heights, Irving Woods, Portage Park, Ukrainian Village, Albany Park, Pulaski Park), Skokie, Morton Grove, Mount Prospect and Northlake, Ill.
Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.
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